Legal Memos - Briefing Paper

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S3The Chippewa Cree Tribe of the Rochy Boy’s Reservation
Phone: (406)-395-4478 or 4210 - Finance Office Rocky Boy Route, Box 544
(406J-395-4282 or 4321 - Business Committee Box Eider, MT 59521
BRIEFING PAPER
FUNDS NEEDED TO EFFECT A SETTLEMENT OF THE RESERVED WATER RIGHTS CLAIMS OF THE CHIPPEWA-CREE TRIBE OF THE ROCKY BOY'S RESERVATION
I. Status Report On Settlement Activities
A. Efforts Are Underway Bv Milk River Water Users To *
Design A Water Development And Management Plan For The Entire Milk River Basin Bv January. 1993. v
On August 15, 1991, a meeting of the major water users in the Milk River Basin in Montana, was held in Great Falls, Montana. Representatives of the Chippewa-Cree Tribe, the Fort Belknap Indian Community, the Blackfeet Tribe, the United States, the State of Montana, and major irrigation districts in the Basin were in attendance. At this meeting, the Basin water users by consensus adopted the goal of completing a Basin-wide water development and management plan by January, 1993, in time to submit the agreement to the Montana Legislature for approval. If this timeframe is not adhered to, the next opportunity to obtain legislative approval would be January, 1995, since the Montana Legislature convenes every two years.
The Milk River water users agreed to create a Coordinating Committee to be responsible for setting up and implementing a process for identifying and resolving issues related to the formulation of a Basin Plan. On October 17, 1991, a meeting was held in Helena, Montana, to set up the Coordinating Committee. Representatives of the three Milk River Tribes, the State of Montana, and the United States were in attendance. It was agreed that the Coordinating Committee should be called the Milk River Intergovernmental Coordinating Committee, and that the Committee would consist of nine representatives - the Chippewa-Cree Tribe (1), the Fort Belknap Indian Community (1), the Blackfeet Tribe (1), Montana (1), the Bureau of Indian Affairs (1), the Bureau of Reclamation (1), the upper, middle, and lower Milk River irrigation districts (3). The Committeefs first steps were to establish a technical working group to study and recommend a Computer River Model for use in formulating a Basin Plan, and to schedule a follow-up meeting for November 14, 1991, in Billings, Montana, to discuss and adopt a work plan and time schedule for completing a Basin Water Plan by January, 1993.
The Basin Plan, if adopted, would settle water rights for the entire Milk River Basin, including the Chippewa-Cree Tribe andthe Fort Belknap Indian Community. The Blackfeet Reservation encompasses more than just the Milk River Basin, and thus, it is possible that a Milk River Plan will not settle all of Blackfeet1s water claims. Negotiations concerning a Milk River Basin Plan will thus require coordination among the three Milk River Tribes, the State of Montana, the United States, certain municipalities, and a number of non-Indian water users associations. A time frame of about fourteen months to finalize agreement as to such a complex plan requires an intensive and fast-paced effort on the part of all parties during FY92 and for the first several months of FY93.
B. The Water Development and Management Plan for the Rocky Bov1s Reservation Is Nearing Completion.
The Chippewa-Cree Tribe*s goal is to complete its Reservation Water Development and Management Plan by Spring, 1992, The Tribe*s Plan will at that time be submitted to the State of Montana and to the United States for discussion. The Tribe*s oversight attorneys and technical consultants are in the process of finalizing research and analysis of remaining legal and technical issues critical to the design of the Tribe*s water use plan. In addition, the Tribe*s water use plan will be designed in consideration of, and in conjunction with, the on-going basin-wide efforts to conclude an agreement on a Basin Water Plan.
II. Funds Needed In FY92 By The Chippewa-Cree Tribe To Participate in Settlement Negotiations Concerning Its Reserved Water Rights Claims.
A. Tribal Participation In Settlement Activities.
First and foremost, the Tribe must have funds to send its tribal negotiation team to negotiation sessions, to strategy meetings with tribal attorneys and experts, and to meetings of the Milk River Basin Intergovernmental Coordinating Committee. It must also have funds to staff its tribal water resources offices full time in order to be able to consult regularly with its attorneys and consultants. The following is the Tribe's estimate of the funding needed to enable it to participate fully in settlement activities for FY92. These funds will be paid to the Tribe via a PL638 contract with the BIA.
Tribal Negotiation Team and Tribal Water
Resources Office:.............................$100,000
2B. Legal Oversight Costs.
The Tribe has retained attorneys from the Native American Rights Fund to provide legal oversight services. This work includes research and analysis of pertinent legal issues; overseeing the work of the federal governments attorneys and technical consultants, and advising the Tribe as to the adequacy of such work; and generally advising the Tribe during the course of preparing for and engaging in settlement negotiations. Funds allocated for these legal services will be paid directly to NARF as part of its BIA grant.
NARF Attorneys (1^)
Fees: 2400 hours @ $115......................$276,000
Expenses:...............................*..... 30.000
Total..........$306,000
' s r ^ °
C. Technical Oversight Costs. 7
--------------------- *i I 0>k>
The Tribe has retained a hydrologist to provide technical oversight services. This work includes reviewing the work and reports of the technical consultants retained by the federal government to study the Rocky Boy's Reservation water resources and generally advising the Tribe and its attorneys as to the adequacy of such work. Funds allocated for this work will be paid to the technical consultant via a contract with NARF.
Tom Bateridge, Hydrologist
Fees: 784 hours @ $45........................$ 35,280
Expenses:..................................... 14.500
Total..........$ 49,780
An economist is needed to assist the Tribe in the development and evaluation of major water-related projects. The economist would be responsible for analyzing the economic benefits which would flow to the Tribe based on various agricultural, recreational, and industrial scenarios. Funds allocated for this work will be paid to the economist via a contract with NARF.
Economist (to be named)
Fees: 60 days @ $640........................$ 38,400
Expenses:..................................... 6.000
Total..........$ 44,400
D. Facilitator for Milk River Basin Settlement Activities.
The tight timeframe for reaching a settlement agreement for the Milk River Basin argues forcefully in favor of retaining a facilitator whose task would be to coordinate negotiations among the various parties interested in a basin wide settlement, and to
3propose resolutions to concerns raised by the parties as the negotiations progress. The Chippewa-Cree Tribe and the Fort Belknap Indian Community have each contracted with Michael Clinton to perform this role and will share the costs of Mr. Clinton*s services on a proportionate basis. Funds allocated for this work will be paid to Mr. Clinton via a contract with NARF. The Chippewa-Cree Tribe's share of this cost for FY92 is as follows.
Michael Clinton, Settlement Facilitator
Fees: 335 hours @ $140 $ 46,900
Expenses:..................................... 8.000
Total..........$ 54,900
E. Technical Studies by United States' Consultant for Rockv Bov's Reservation.
The United States has retained Ron Billstein of HKM Associates to conduct technical studies of the water use capability of the Rocky Boy's Reservation. Mr. Billstein has submitted a work plan to the Billings Area Office for FY92 funds for the completion of the technical work necessary to finalize the Tribe's water use plan for the Reservation.
Ron Billstein, Water Engineer
FY92 Technical work...........................$111,165
F. Grand Total.
GRAND TOTAL OF FUNDS NEEDED BY THE CHIPPEWA-CREE TRIBE IN FY92 FOR SETTLEMENT ACTIVITIES.......................$666,245.00
If H O-o
III. Funds Allocated In FY92 And FY93 To The Enlargement of Bonneau Dam Will Ultimately Mitigate The Final Cost Of Settlement Of the Chippewa-Cree Tribe's Reserved Water Rights.
A. Introduction and Summary.
The Chippewa Cree Tribe has requested the BIA to allocate the funds needed to design and to construct an enlargement of Bonneau Dam on the Reservation. This requires a commitment of funds in both FY92 and FY93. The Tribe's economic future depends in large part upon increasing the storage capacity of the Dam from the present 1000 acre feet to 5000 acre feet. The resulting increased water supply represents a significant portion of the additional water needed to irrigate all PIA lands within the Reservation. Thus, enlargement of Bonneau Dam is an important element in the Tribe's proposal to settle its reserved water rights claims.
4In a related event, in 1985, a federal study declared Bonneau Dam to be unsafe. As a result, the BIA committed funds to repair the Dam. The repair process is now on-going. In conjunction with the on-going repair process, the Tribe has requested the commitment of additional funds to expand the scope of work on the Dam from repair to enlargement. Not only will the resulting additional storage significantly advance the Tribe*s quest for economic self- sufficiency, but commitment of additional funds now to enlarge the Dam will save the federal government money in the long run by mitigating the ultimate cost of settlement of the Tribe*s reserved water rights claims.
The process of repairing the deficiencies on the Dam is, understandably, on a fast track. A contract for final design work is expected to be issued early in 1992, and construction is expected to begin around May, 1993. If the scope of work on the Dam is to be expanded beyond mere repair to enlargement, the Tribe needs a commitment from the BIA that sufficient funds will be provided in FY92 to pay for final design of the enlargement, and in FY93 to pay for construction of the enlargement.
B. Status Of Repair Work? And Repair/Enlargement Cost Comparison.
Bonneau Dam was constructed by the federal government in 1940 and is operated and maintained by the Bureau of Indian Affairs (BIA). The Bureau of Reclamation under contract with the BIA conducted a deficiency analysis of the Dam and issued a SEED Report in May, 1985 which classified the Dam as high hazard. The Dam is classified as the third most unsafe federal dam in the country. Following the completion of the deficiency analysis, the Tribe entered into a P.L. 638 contract with the BIA to provide conceptual designs for the Dam in two alternative forms: (1) repair of the
Dam leaving it at the 1000 acre foot level, and (2) repair and enlargement of the Dam to a 5000 acre foot level. These two conceptual designs will be completed in December, 1991. The next phase involves the completion of final designs and will commence with the award of a contract around March, 1992. The final phase involves the actual construction work to be undertaken on the Dam and will commence with the award of a contract around January,
1993.
The following are estimates of the cost of the final design and construction phases of the two work alternatives provided to us by the engineering firm doing the conceptual design work on the Dam:
5Repair Existing Dam
Repair and Enlarge Dam Difference
Final Design: $644,292.00 $823,714.80 $179,422.80
Construction: $6,514,508.00 $8,328,665.80 $1,814,157.80
The amount of $800,000.00 is earmarked in the BIA’s irrigation construction account for conceptual and final design work on Bonneau Dam. See, FY92 Approp. Hearings, supra, at BIA-272. We believe that $725,000.00 remains in that account for final design work on Bonneau Dam.
C. Timeframes and Cost Savings.
Importantly, a commitment of BIA funds now to the enlargement of the Dam will, likely save the federal government money in the long term. The enlargement of Bonneau Dam is a key element of the Tribe’s water rights settlement proposal. Under the most optimistic settlement timeframe, appropriations to settle the Tribe*s claims will not be forthcoming until early 1995 - almost two years after the construction contract for Bonneau Dam is expected to be awarded, and about one and a half years after construction is expected to commence. Assuming the Tribe obtains as part of a settlement of its water rights claims a commitment of funds for an enlarged Bonneau Dam, it will be necessary to demolish the repaired Dam at a possible loss of $6.5 million, and to build a new enlarged Dam at a cost of about $8.3 million. Under this scenario, the $6.5 million in repairs would have been wasted. Moreover, additional costs would be incurred in demolishing the repaired Dam.
Safety considerations mandate that repairs to the Dam be completed as soon as possible. The timeframe for this work, as mentioned above, is as follows: Award final design contract by
March, 1992; award construction contract by January, 1993 with construction to begin in May, 1993. Thus, the Tribe must have funding commitments from the federal government for the enlargement work before these dates.
D. Sources Of Necessary Funds.
The Tribe has requested that the BIA provide assurances, (1) that the BIA will provide sufficient funds in FY92 to enable the Tribe to obtain the final design work on the enlargement alternative, and (2) that the BIA will provide sufficient funds in FY93 to enable the Tribe to construct an enlargement of the storage capacity of Bonneau Dam to 5000 acre feet.
6Our understanding is that the necessary funds for final design and construction of an enlargement are currently available in the BIAfs irrigation construction budget as carry-over funds. See, FY91 Appropriations Act, supra, 104 Stat. 1930, (irrigation construction funds are "to remain available until expended)7 FY92 Approp. Hearings, supra, at BIA-257, BIA irrigation construction budget justification ("This appropriation involves construction projects which require more than a one-year cycle from their beginning stages through the actual construction of facilities. Therefore, funds are to remain available until expended.")? Fiscal Year 1991 Budget: Hearing Before the Senate Select Committee on Indian Affairs, 101st Cong., 2d Sess., at 55 (1990) (BIA stated that there is "a bureauwide unobligated balance of approximately $26 million in [irrigation] project construction [funds].") We hope to confirm this understanding in meetings with appropriate BIA officials.
Ultimately, the Tribe may be required to ask Congress to authorize FY93 funds to cover the incremental costs associated with enlarging Bonneau Dam.
IV. Conclusion.
If there are any questions concerning this briefing paper, please contact the Tribefs water resources director or the Tribe's water rights attorneys whose names, addresses, and phone numbers follow:
Daryl Wright
Water Resources Director Chippewa-Cree Tribe of
the Rocky Boy1s Reservation Box 544
Box Elder, MT 59521 (406) 395-4478, or 395-4314
Yvonne T. Knight, Esq.
Ethel Abeita, Esq.
Native American Rights Fund 1506 Broadway Boulder, CO 80302 (303) 447-8760
Dated: October 21, 1991
7

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Transcript

2*3
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S3The Chippewa Cree Tribe of the Rochy Boy’s Reservation
Phone: (406)-395-4478 or 4210 - Finance Office Rocky Boy Route, Box 544
(406J-395-4282 or 4321 - Business Committee Box Eider, MT 59521
BRIEFING PAPER
FUNDS NEEDED TO EFFECT A SETTLEMENT OF THE RESERVED WATER RIGHTS CLAIMS OF THE CHIPPEWA-CREE TRIBE OF THE ROCKY BOY'S RESERVATION
I. Status Report On Settlement Activities
A. Efforts Are Underway Bv Milk River Water Users To *
Design A Water Development And Management Plan For The Entire Milk River Basin Bv January. 1993. v
On August 15, 1991, a meeting of the major water users in the Milk River Basin in Montana, was held in Great Falls, Montana. Representatives of the Chippewa-Cree Tribe, the Fort Belknap Indian Community, the Blackfeet Tribe, the United States, the State of Montana, and major irrigation districts in the Basin were in attendance. At this meeting, the Basin water users by consensus adopted the goal of completing a Basin-wide water development and management plan by January, 1993, in time to submit the agreement to the Montana Legislature for approval. If this timeframe is not adhered to, the next opportunity to obtain legislative approval would be January, 1995, since the Montana Legislature convenes every two years.
The Milk River water users agreed to create a Coordinating Committee to be responsible for setting up and implementing a process for identifying and resolving issues related to the formulation of a Basin Plan. On October 17, 1991, a meeting was held in Helena, Montana, to set up the Coordinating Committee. Representatives of the three Milk River Tribes, the State of Montana, and the United States were in attendance. It was agreed that the Coordinating Committee should be called the Milk River Intergovernmental Coordinating Committee, and that the Committee would consist of nine representatives - the Chippewa-Cree Tribe (1), the Fort Belknap Indian Community (1), the Blackfeet Tribe (1), Montana (1), the Bureau of Indian Affairs (1), the Bureau of Reclamation (1), the upper, middle, and lower Milk River irrigation districts (3). The Committeefs first steps were to establish a technical working group to study and recommend a Computer River Model for use in formulating a Basin Plan, and to schedule a follow-up meeting for November 14, 1991, in Billings, Montana, to discuss and adopt a work plan and time schedule for completing a Basin Water Plan by January, 1993.
The Basin Plan, if adopted, would settle water rights for the entire Milk River Basin, including the Chippewa-Cree Tribe andthe Fort Belknap Indian Community. The Blackfeet Reservation encompasses more than just the Milk River Basin, and thus, it is possible that a Milk River Plan will not settle all of Blackfeet1s water claims. Negotiations concerning a Milk River Basin Plan will thus require coordination among the three Milk River Tribes, the State of Montana, the United States, certain municipalities, and a number of non-Indian water users associations. A time frame of about fourteen months to finalize agreement as to such a complex plan requires an intensive and fast-paced effort on the part of all parties during FY92 and for the first several months of FY93.
B. The Water Development and Management Plan for the Rocky Bov1s Reservation Is Nearing Completion.
The Chippewa-Cree Tribe*s goal is to complete its Reservation Water Development and Management Plan by Spring, 1992, The Tribe*s Plan will at that time be submitted to the State of Montana and to the United States for discussion. The Tribe*s oversight attorneys and technical consultants are in the process of finalizing research and analysis of remaining legal and technical issues critical to the design of the Tribe*s water use plan. In addition, the Tribe*s water use plan will be designed in consideration of, and in conjunction with, the on-going basin-wide efforts to conclude an agreement on a Basin Water Plan.
II. Funds Needed In FY92 By The Chippewa-Cree Tribe To Participate in Settlement Negotiations Concerning Its Reserved Water Rights Claims.
A. Tribal Participation In Settlement Activities.
First and foremost, the Tribe must have funds to send its tribal negotiation team to negotiation sessions, to strategy meetings with tribal attorneys and experts, and to meetings of the Milk River Basin Intergovernmental Coordinating Committee. It must also have funds to staff its tribal water resources offices full time in order to be able to consult regularly with its attorneys and consultants. The following is the Tribe's estimate of the funding needed to enable it to participate fully in settlement activities for FY92. These funds will be paid to the Tribe via a PL638 contract with the BIA.
Tribal Negotiation Team and Tribal Water
Resources Office:.............................$100,000
2B. Legal Oversight Costs.
The Tribe has retained attorneys from the Native American Rights Fund to provide legal oversight services. This work includes research and analysis of pertinent legal issues; overseeing the work of the federal governments attorneys and technical consultants, and advising the Tribe as to the adequacy of such work; and generally advising the Tribe during the course of preparing for and engaging in settlement negotiations. Funds allocated for these legal services will be paid directly to NARF as part of its BIA grant.
NARF Attorneys (1^)
Fees: 2400 hours @ $115......................$276,000
Expenses:...............................*..... 30.000
Total..........$306,000
' s r ^ °
C. Technical Oversight Costs. 7
--------------------- *i I 0>k>
The Tribe has retained a hydrologist to provide technical oversight services. This work includes reviewing the work and reports of the technical consultants retained by the federal government to study the Rocky Boy's Reservation water resources and generally advising the Tribe and its attorneys as to the adequacy of such work. Funds allocated for this work will be paid to the technical consultant via a contract with NARF.
Tom Bateridge, Hydrologist
Fees: 784 hours @ $45........................$ 35,280
Expenses:..................................... 14.500
Total..........$ 49,780
An economist is needed to assist the Tribe in the development and evaluation of major water-related projects. The economist would be responsible for analyzing the economic benefits which would flow to the Tribe based on various agricultural, recreational, and industrial scenarios. Funds allocated for this work will be paid to the economist via a contract with NARF.
Economist (to be named)
Fees: 60 days @ $640........................$ 38,400
Expenses:..................................... 6.000
Total..........$ 44,400
D. Facilitator for Milk River Basin Settlement Activities.
The tight timeframe for reaching a settlement agreement for the Milk River Basin argues forcefully in favor of retaining a facilitator whose task would be to coordinate negotiations among the various parties interested in a basin wide settlement, and to
3propose resolutions to concerns raised by the parties as the negotiations progress. The Chippewa-Cree Tribe and the Fort Belknap Indian Community have each contracted with Michael Clinton to perform this role and will share the costs of Mr. Clinton*s services on a proportionate basis. Funds allocated for this work will be paid to Mr. Clinton via a contract with NARF. The Chippewa-Cree Tribe's share of this cost for FY92 is as follows.
Michael Clinton, Settlement Facilitator
Fees: 335 hours @ $140 $ 46,900
Expenses:..................................... 8.000
Total..........$ 54,900
E. Technical Studies by United States' Consultant for Rockv Bov's Reservation.
The United States has retained Ron Billstein of HKM Associates to conduct technical studies of the water use capability of the Rocky Boy's Reservation. Mr. Billstein has submitted a work plan to the Billings Area Office for FY92 funds for the completion of the technical work necessary to finalize the Tribe's water use plan for the Reservation.
Ron Billstein, Water Engineer
FY92 Technical work...........................$111,165
F. Grand Total.
GRAND TOTAL OF FUNDS NEEDED BY THE CHIPPEWA-CREE TRIBE IN FY92 FOR SETTLEMENT ACTIVITIES.......................$666,245.00
If H O-o
III. Funds Allocated In FY92 And FY93 To The Enlargement of Bonneau Dam Will Ultimately Mitigate The Final Cost Of Settlement Of the Chippewa-Cree Tribe's Reserved Water Rights.
A. Introduction and Summary.
The Chippewa Cree Tribe has requested the BIA to allocate the funds needed to design and to construct an enlargement of Bonneau Dam on the Reservation. This requires a commitment of funds in both FY92 and FY93. The Tribe's economic future depends in large part upon increasing the storage capacity of the Dam from the present 1000 acre feet to 5000 acre feet. The resulting increased water supply represents a significant portion of the additional water needed to irrigate all PIA lands within the Reservation. Thus, enlargement of Bonneau Dam is an important element in the Tribe's proposal to settle its reserved water rights claims.
4In a related event, in 1985, a federal study declared Bonneau Dam to be unsafe. As a result, the BIA committed funds to repair the Dam. The repair process is now on-going. In conjunction with the on-going repair process, the Tribe has requested the commitment of additional funds to expand the scope of work on the Dam from repair to enlargement. Not only will the resulting additional storage significantly advance the Tribe*s quest for economic self- sufficiency, but commitment of additional funds now to enlarge the Dam will save the federal government money in the long run by mitigating the ultimate cost of settlement of the Tribe*s reserved water rights claims.
The process of repairing the deficiencies on the Dam is, understandably, on a fast track. A contract for final design work is expected to be issued early in 1992, and construction is expected to begin around May, 1993. If the scope of work on the Dam is to be expanded beyond mere repair to enlargement, the Tribe needs a commitment from the BIA that sufficient funds will be provided in FY92 to pay for final design of the enlargement, and in FY93 to pay for construction of the enlargement.
B. Status Of Repair Work? And Repair/Enlargement Cost Comparison.
Bonneau Dam was constructed by the federal government in 1940 and is operated and maintained by the Bureau of Indian Affairs (BIA). The Bureau of Reclamation under contract with the BIA conducted a deficiency analysis of the Dam and issued a SEED Report in May, 1985 which classified the Dam as high hazard. The Dam is classified as the third most unsafe federal dam in the country. Following the completion of the deficiency analysis, the Tribe entered into a P.L. 638 contract with the BIA to provide conceptual designs for the Dam in two alternative forms: (1) repair of the
Dam leaving it at the 1000 acre foot level, and (2) repair and enlargement of the Dam to a 5000 acre foot level. These two conceptual designs will be completed in December, 1991. The next phase involves the completion of final designs and will commence with the award of a contract around March, 1992. The final phase involves the actual construction work to be undertaken on the Dam and will commence with the award of a contract around January,
1993.
The following are estimates of the cost of the final design and construction phases of the two work alternatives provided to us by the engineering firm doing the conceptual design work on the Dam:
5Repair Existing Dam
Repair and Enlarge Dam Difference
Final Design: $644,292.00 $823,714.80 $179,422.80
Construction: $6,514,508.00 $8,328,665.80 $1,814,157.80
The amount of $800,000.00 is earmarked in the BIA’s irrigation construction account for conceptual and final design work on Bonneau Dam. See, FY92 Approp. Hearings, supra, at BIA-272. We believe that $725,000.00 remains in that account for final design work on Bonneau Dam.
C. Timeframes and Cost Savings.
Importantly, a commitment of BIA funds now to the enlargement of the Dam will, likely save the federal government money in the long term. The enlargement of Bonneau Dam is a key element of the Tribe’s water rights settlement proposal. Under the most optimistic settlement timeframe, appropriations to settle the Tribe*s claims will not be forthcoming until early 1995 - almost two years after the construction contract for Bonneau Dam is expected to be awarded, and about one and a half years after construction is expected to commence. Assuming the Tribe obtains as part of a settlement of its water rights claims a commitment of funds for an enlarged Bonneau Dam, it will be necessary to demolish the repaired Dam at a possible loss of $6.5 million, and to build a new enlarged Dam at a cost of about $8.3 million. Under this scenario, the $6.5 million in repairs would have been wasted. Moreover, additional costs would be incurred in demolishing the repaired Dam.
Safety considerations mandate that repairs to the Dam be completed as soon as possible. The timeframe for this work, as mentioned above, is as follows: Award final design contract by
March, 1992; award construction contract by January, 1993 with construction to begin in May, 1993. Thus, the Tribe must have funding commitments from the federal government for the enlargement work before these dates.
D. Sources Of Necessary Funds.
The Tribe has requested that the BIA provide assurances, (1) that the BIA will provide sufficient funds in FY92 to enable the Tribe to obtain the final design work on the enlargement alternative, and (2) that the BIA will provide sufficient funds in FY93 to enable the Tribe to construct an enlargement of the storage capacity of Bonneau Dam to 5000 acre feet.
6Our understanding is that the necessary funds for final design and construction of an enlargement are currently available in the BIAfs irrigation construction budget as carry-over funds. See, FY91 Appropriations Act, supra, 104 Stat. 1930, (irrigation construction funds are "to remain available until expended)7 FY92 Approp. Hearings, supra, at BIA-257, BIA irrigation construction budget justification ("This appropriation involves construction projects which require more than a one-year cycle from their beginning stages through the actual construction of facilities. Therefore, funds are to remain available until expended.")? Fiscal Year 1991 Budget: Hearing Before the Senate Select Committee on Indian Affairs, 101st Cong., 2d Sess., at 55 (1990) (BIA stated that there is "a bureauwide unobligated balance of approximately $26 million in [irrigation] project construction [funds].") We hope to confirm this understanding in meetings with appropriate BIA officials.
Ultimately, the Tribe may be required to ask Congress to authorize FY93 funds to cover the incremental costs associated with enlarging Bonneau Dam.
IV. Conclusion.
If there are any questions concerning this briefing paper, please contact the Tribefs water resources director or the Tribe's water rights attorneys whose names, addresses, and phone numbers follow:
Daryl Wright
Water Resources Director Chippewa-Cree Tribe of
the Rocky Boy1s Reservation Box 544
Box Elder, MT 59521 (406) 395-4478, or 395-4314
Yvonne T. Knight, Esq.
Ethel Abeita, Esq.
Native American Rights Fund 1506 Broadway Boulder, CO 80302 (303) 447-8760
Dated: October 21, 1991
7